Divorce

Puerto Rico has the following acceptable “no-fault” grounds (reasons) for divorce:

1. mutual consent, filed together through an ex parte petition in court or through a legal document prepared by a notary public;
2. the irretrievable breakdown of the marriage, filed in court by either party; and
3. the irretrievable breakdown of the marriage, filed through a joint ex parte petition in court or through a legal document prepared by a notary public.

For the mutual consent ground, the parties don’t have to explain the reasons for the separation but they do have to indicate their agreements on the following matters:

• physical and legal custody of the children of the marriage;
• how the relationship will be between the parents and the children, including things such as the schedule for visitation, the responsibilities each parent will have, etc.;
• child and spousal support; and
• distribution of property and debts.¹

Note: When filed jointly, the irretrievable breakdown ground does not require that the spouses agree on the issues mentioned above, but they do have to make a list of the marital property and debts. Separate actions can be filed for child/spousal support, custody/visitation, and distribution of property and debts.²

^​1 31 L.P.R.A. § 6772
² 31 L.P.R.A. § 6776